Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery and Shrimp Fishery of the Gulf of Mexico; Amendment 27/14, 59989-59998 [07-5245]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 72, Number 204 (Tuesday, October 23, 2007)]
[Proposed Rules]
[Pages 59989-59998]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-5245]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 0612243157-7232-03]
RIN 0648-AT87


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery and Shrimp Fishery of the Gulf of Mexico; Amendment 
27/14

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues this proposed rule that would implement a joint 
Amendment 27 to the FMP for the Reef Fish Resources of the Gulf of 
Mexico (Reef Fish FMP) and Amendment 14 to the Fishery Management Plan 
(FMP) for the Shrimp Fishery of the Gulf of

[[Page 59990]]

Mexico (Shrimp FMP)(Amendment 27/14) prepared by the Gulf of Mexico 
Fishery Management Council (Council). This proposed rule would reduce 
the commercial and recreational quotas for red snapper, reduce the 
commercial minimum size limit for red snapper, reduce the recreational 
bag limit for red snapper, prohibit the retention of red snapper under 
the bag limit for the captain and crew of a vessel operating as a 
charter vessel or headboat, require the use of non-stainless steel 
circle hooks when using natural baits to fish for Gulf reef fish, 
require the use of venting tools and dehooking devices when 
participating in the commercial or recreational reef fish fisheries, 
and provide for seasonal closures of the Gulf shrimp fishery to reduce 
red snapper bycatch consistent with the Amendment's framework 
procedure. In addition, the proposed rule would establish a target 
reduction of shrimp trawl bycatch mortality of red snapper, assume a 
10-percent reduction in post-hurricane fishing effort and landings when 
evaluating alternative TACs and management measures or in the 
alternative, not assume the 10% effort reduction, and establish a 
framework procedure to adjust the target effort level and closed season 
for the Gulf shrimp fishery. The measures contained in this proposed 
rule are intended to satisfy a U.S. District Court Order to establish a 
revised red snapper rebuilding plan by December 12, 2007, and to end 
overfishing of the red snapper resource in the Gulf of Mexico.

DATES: Written comments must be received on or before December 7, 2007.

ADDRESSES: You may submit comments on the proposed rule by any of the 
following methods:
     E-mail: 0648-AT87.Proposed27-14@noaa.gov. Include in the 
subject line the following document identifier: 0648-AT87.Proposed27-
14.
     Federal e-Rulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Peter Hood, Southeast Regional Office, NMFS, 263 
13th Avenue South, St. Petersburg, FL 33701.
     Fax: 727-824-5308; Attention: Peter Hood.
    Instructions: All comments received are a part of the public record 
and will generally be posted to https://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information.
    Copies of Amendment 27/14, which include a supplemental 
environmental impact statement (SEIS), an initial regulatory 
flexibility analysis (IRFA), a regulatory impact review (RIR), and a 
fishery impact statement, may be obtained from the Gulf of Mexico 
Fishery Management Council, 2203 North Lois Avenue, Suite 1100, Tampa, 
FL 33607; telephone 813-348-1630; fax 813-348-1711; e-mail 
gulfcouncil@gulfcouncil.org; or may be downloaded from the Council's 
Web site at https://www.gulfcouncil.org/.

FOR FURTHER INFORMATION CONTACT: Peter Hood, telephone 727-824-5305; 
fax 727-824-5308; e-mail peter.hood@noaa.gov.

SUPPLEMENTARY INFORMATION: The reef fish and shrimp fisheries of the 
Gulf of Mexico are managed under their respective FMPs (Reef Fish FMP 
and Shrimp FMP). The FMPs were prepared by the Gulf of Mexico Fishery 
Management Council (Council) and are implemented through regulations at 
50 CFR part 622 under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act).

Background

    Multiple fisheries influence the status of the red snapper stock in 
the Gulf of Mexico, including the commercial and recreational red 
snapper fisheries and the shrimp trawl fishery, which takes red snapper 
incidentally when harvesting shrimp. A 2005 stock assessment concluded 
the Gulf of Mexico red snapper stock is overfished and undergoing 
overfishing, and red snapper fishing mortality rates are too high in 
both the directed and shrimp fisheries. In response to the 2005 
assessment, the Council began drafting Amendment 27/14 to address 
overfishing and revise the red snapper rebuilding plan. In August 2006, 
the Council voted to delay consideration of the amendment until January 
2007, pending completion of 2006 recreational effort and landings data 
and shrimp effort data.
    On March 12, 2007, the United States District Court for the 
Southern District of Texas, Houston Division, issued a ruling on legal 
challenges to the current red snapper rebuilding plan contained in 
Amendment 22 to the Reef Fish FMP (Coastal Conservation Association v. 
Gutierrez et al., Case No. H-05-1214, consolidated with Gulf 
Restoration Network et al., v. Gutierrez et al., Case No. H-05-2998). 
The Court required a new rebuilding plan by December 12, 2007. However, 
consistent with the Court ruling, if the revised rebuilding plan cannot 
be implemented by December 12, 2007, additional rule-making may be 
required to implement one or more of the measures contained in 
Amendment 27/14 on an interim basis.
    Therefore, to reduce fishing mortality and maintain stock 
rebuilding in the interim, NMFS published a temporary rule, effective 
May 2, 2007 (72 FR 15617, April 2, 2007). The temporary rule reduced 
the recreational quota from 4.47 million lb (2.03 million kg) to 3.185 
million lb (1.445 million kg), and the commercial quota from 4.65 
million lb (2.11 million kg) to 3.315 million lb (1.504 million kg). 
The recreational bag limit was reduced from four fish to two fish per 
person per day to constrain the recreational harvest to its quota 
during the existing April 21 through October 31 fishing season. The 
commercial minimum size limit was reduced from 15 inches (38 cm) total 
length (TL) to 13 inches (33 cm) TL to reduce discard mortality. To 
reduce red snapper bycatch mortality in the shrimp fishery, a target 
reduction goal was established to reduce red snapper bycatch mortality 
by at least 50 percent compared to the bycatch mortality rate during 
the 2001-2003 time period. Under the Magnuson-Stevens Act, NMFS has the 
ability to extend these interim measures if necessary.
    The measures in the temporary rule and this proposed rule are 
consistent with the March 12, 2007 Court ruling. The measures in the 
proposed rule are designed to address long-term reductions in red 
snapper fishing mortality rates of the directed red snapper fisheries, 
shrimp fishery, and other reef fish fisheries.

Revised Rebuilding Plan

    The proposed actions are intended to implement revisions to the 
Council's red snapper rebuilding plan with a goal of having at least a 
50-percent probability of ending overfishing for red snapper between 
2009 and 2010 and rebuilding the stock to the biomass level associated 
with maximum sustainable yield (MSY) by 2032. Under the proposed 
actions, the probability of ending overfishing by 2010 is estimated to 
be greater than 50 percent. The annual total allowable catch (TAC) 
during the first 3 years of the plan is 0.3 million lb (0.136 million 
kg) lower than the maximum annual TAC allowed under the rebuilding 
projections. Although the rebuilding plan does not account for 
additional reductions in release mortality expected from the proposed 
required use of circle hooks, dehooking devices, and venting tools, 
these proposed measures would further

[[Page 59991]]

increase the probability of ending overfishing by 2010. Also, NMFS 
continues to develop bycatch reduction devices (BRDs) which promise 
better performance than those presently used in the shrimp fishery.
    Beginning in 2011, the recommended revisions to the rebuilding plan 
would allow for harvest levels to begin increasing, while maintaining 
greater than a 50-percent probability of rebuilding the red snapper 
stock by the target date of 2032. Future TACs and quotas are modeled 
around yields associated with a fishing mortality producing MSY (proxy 
= 26-percent spawning potential ratio), in association with achieving 
needed reductions in bycatch and discard mortality in both the directed 
and shrimp fisheries. Under the recommended revisions to the rebuilding 
plan, the TAC would increase to 7.0 million lb (3.175 million kg) in 
2011, and reach 14.0 million lb (6.35 million kg) by 2032. The 
recommended revisions to the rebuilding plan would also allow the 
shrimp bycatch mortality reduction target to drop from 74 percent in 
2008 to 67 percent in 2011, and thereafter, the target would decline at 
a constant rate from 67 to 60 percent by 2032.
    Any change made to the rebuilding plan and implementing measures, 
however, is contingent on successfully ending overfishing in the next 3 
years and would require further action be recommended by the Council 
and subsequently approved by NMFS. To increase the probability of 
successfully rebuilding the red snapper stock, the rebuilding plan and 
management measures would be reviewed and adjusted, as necessary, based 
on periodic stock assessments.

Measures To Reduce Directed Fishing Mortality

    To reduce fishing mortality and end overfishing of the red snapper 
stock in the Gulf of Mexico, the proposed rule would reduce the 
existing quotas for the commercial and recreational fisheries. The 
proposed rule would establish a commercial quota of 2.55 million lb 
(1.16 million kg) and a recreational quota of 2.45 million lb (1.11 
million kg). Because of the individual fishing quota program in the 
commercial fishery, no measures are proposed to further constrain 
commercial harvest to its 2.55 million lb (1.16 million kg) quota, but 
measures are proposed to constrain the recreational harvest to its 
quota of 2.45 million (1.11 million kg). The Council considered various 
size limit and bag limit combinations which would determine the length 
of the recreational fishing season. The proposed two-fish bag limit 
would allow a June 1 through September 15 (107-day) recreational 
fishing season. In addition to the two-fish bag limit, constraining the 
captain and crew of for-hire vessels to a zero-fish bag limit would 
allow the fishing season to be extended through the end of September 
(122 days). Based on extensive public comment, the Council chose to 
assume a 10-percent reduction in post-hurricane fishing effort and 
landings when evaluating recreational management measures. Application 
of this assumption, along with implementation of the two-fish bag limit 
and the zero-fish captain and crew limit of for-hire vessels, would 
allow the recreational fishing season to extend from May 15 through 
October 15 (154 days). Although preliminary data suggest some declines 
have occurred since the 2005 hurricane season, the magnitude of 
reductions varies by fishing sector, is often less than 10 percent, and 
in some cases effort or landings have increased. Further, it is unknown 
how long post-hurricane reductions in landings and fishing effort may 
continue as the fisheries recover. The Council's recommended 
alternative for Action 1 of Amendment 27/14 includes, among other 
things, a recreational fishing season of 107 days, which when coupled 
with the zero captain and crew bag limit, results in a 122-day 
recreational season (June 1-September). However, the Council's 
recommended alternative for Action 2 would apply an assumed 10-percent 
reduction in post-hurricane recreational fishing effort to the measures 
in Action 1. Doing so results in a recreational fishing season of 154 
days. In light of the foregoing discussion, NMFS proposes the 
recommended recreational season in Action 1, 107 days, coupled with the 
zero captain and crew bag limit, which results in a 122-day 
recreational season (June 1-September). NMFS also proposes, in the 
alternative, the longer 154-day recreational fishing season resulting 
from the Council's recommended alternative for Action 2. NMFS 
specifically requests comments on the assumed 10-percent reduction in 
effort and landings as recommended in Amendment 27/14, which would 
affect the designation of the length of the recreational fishing season 
established by this rule.
    The existing 16-inch (41-cm) TL recreational minimum size limit 
would remain unchanged. Public comments during development of the 
amendment indicated most anglers preferred a longer fishing season 
rather than a lower minimum size limit. Lowering the recreational 
minimum size limit would have substantially shortened the fishing 
season to compensate for increases in angler catch rates. Although most 
anglers preferred a longer fishing season, they did not support a 
further reduction of the bag limit to one fish to further extend the 
fishing season because a one-fish bag limit was considered too low to 
provide a satisfactory recreational fishing trip.

Measures To Reduce Bycatch Mortality in the Directed Fishery

    Reductions in red snapper bycatch (regulatory discards) are needed 
in all sectors of the directed red snapper fishery to reduce 
overfishing in the short term and to recover the stock over the long 
term. The proposed rule would reduce the commercial size limit from 15 
inches (38 cm) TL to 13 inches (33 cm) TL. This reduction in the size 
limit is expected to reduce dead discards by 40 to 60 percent and allow 
the stock to recover in a shorter time period. The proposed rule would 
also require the use of circle hooks, venting tools, and dehooking 
devices to reduce bycatch and bycatch mortality when fishing for Gulf 
reef fish in the exclusive economic zone (EEZ). It is unknown to what 
extent bycatch or bycatch mortality will be reduced by these gears, but 
all of these gears have been shown to increase the survival of released 
fish.

Measures To Reduce Shrimp Trawl Bycatch Mortality

    To end overfishing of red snapper between 2009 and 2010, the 2005 
assessment for red snapper indicated the benchmark 2001-2003 level of 
red snapper bycatch mortality attributable to shrimp fishing must be 
reduced by 74 percent. The proposed rule would establish an initial 
reduction target 74 percent less than the benchmark. The proposed rule 
would also describe the process by which the target goals for bycatch 
mortality could be reduced over time, consistent with the stock 
rebuilding plan and subsequent stock assessments, through appropriate 
rulemaking. If stock rebuilding targets are met over the next 3 years 
and overfishing is ended, the target bycatch mortality goal for the 
shrimp fishery would then be decreased to 67 percent of the 2001-2003 
benchmark beginning in 2011. Thereafter, the target goal would be 
reduced at a constant rate to achieve a target reduction goal of 60 
percent less than the benchmark by 2032. However, any such change would 
occur only after the Council and NMFS reviewed updated information 
regarding the status of the red snapper stock and the rebuilding 
projections.

[[Page 59992]]

    Subsequent to the benchmark years of 2001-2003, effort in the 
offshore shrimp fishery has declined dramatically due to external 
economic issues, such as increasing fixed costs (fuel, ice, etc.), 
imports, and stagnant shrimp prices. Juvenile red snapper are more 
abundant in the 10-30 fathom (18-55 m) depth strata from Mobile Bay, 
Alabama, to Brownsville, Texas, and effort reductions in this 
particular area are substantial. Effort within this area can be used as 
a proxy for bycatch mortality on juvenile red snapper. Bycatch 
mortality on juvenile red snapper in 2005 for the 10-30 fathom (18-55 
m) depth strata was approximately 60 percent less than the benchmark 
2001-2003 period, and in 2006, bycatch mortality was 65 percent less 
than the benchmark period. Early estimates for 2007 suggest effort in 
the Gulf shrimp fishery may be lower than in 2006.
    To ensure the remaining reductions needed to meet the 74-percent 
target, the proposed rule would set forth the procedure by which NMFS 
would establish seasonal area closures for the Gulf shrimp fishery 
consistent with the framework procedures established in Amendment 27/
14. Such closures, if necessary, would be established within some or 
all of the area that approximates the 10-30 fathom (18-55 m) depth 
strata from Mobile Bay, Alabama, to the Louisiana-Texas boundary. The 
proposed rule identifies an eastern zone, a Louisiana zone, and a Texas 
zone, bounded by coordinates marking the maximum closed area. The 
geographical scope and duration of the closure would be dependent on 
the level of effort reduction needed to meet the 74-percent reduction 
target. As an example, if the closure included the maximum area defined 
and covered the typical 60-day time period of the Texas closure, based 
on the level of effort expended in this area during recent years, such 
a closure would provide as much as a 24-percent reduction in fishing 
mortality on juvenile red snapper. Should additional closure of the 
shrimp fishery be needed after reopening Federal waters off Texas in 
July, the closure could be expanded to include waters off Texas as well 
as areas east of Texas.
    To implement such a closure in accordance with the framework 
procedures established in Amendment 27/14, on or about March 1, NMFS 
would use the most recent 12-month period of shrimp effort data 
available, and assess the level of effort within the areas where red 
snapper are abundant. The NMFS Southeast Regional Administrator would, 
based on an assessment from the NMFS Southeast Fisheries Science 
Center, determine the geographical scope and duration of a closure 
needed to meet the bycatch mortality reduction target, and implement a 
closure intended to begin on the same date and time as the Texas 
closure. Coordinating the timing of the framework closure with that of 
the long-standing Texas closure would facilitate enforcement efforts by 
simplifying regulations for both fishermen and law enforcement agents. 
If the RA determines that a framework closure is necessary, the closure 
falls within the scope of the potential closures evaluated in the FMP 
such as coordination of any closure with the Texas closure, and good 
cause exists to waive notice and comment pursuant to the Administrative 
Procedure Act, NMFS will implement the closure by publication of a 
final rule in the Federal Register. If such good cause waiver is not 
justified, NMFS will implement the closure via appropriate notice and 
comment rulemaking.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, I 
have determined that this proposed rule is consistent with Amendment 
27/14, other provisions of the Magnuson-Stevens Act, and other 
applicable law, subject to further consideration after public comment.
    This proposed rule has been determined to be significant for 
purposes of Executive Order 12866.
    NMFS prepared a SEIS for this amendment. A notice of availability 
for the draft SEIS was published on April 20, 2007 (72 FR 19928). A 
notice of availability for the final SEIS was published on August 3, 
2007 (72 FR 43271).
    NMFS prepared an IRFA, as required by section 603 of the Regulatory 
Flexibility Act, for this proposed rule. The IRFA describes the 
economic impact this proposed rule, if adopted, would have on small 
entities. A description of the action, why it is being considered, and 
the objectives of, and legal basis for this action are contained at the 
beginning of this section in the preamble and in the SUMMARY section of 
the preamble. A copy of the full analysis is available from the Council 
(see ADDRESSES). A summary of the IRFA follows.
    The Magnuson-Stevens Act provides the statutory basis for the 
proposed rule. The proposed rule would reduce the commercial quota from 
4.65 million lb (2.14 million kg) to 2.55 million lb (1.16 million kg) 
and the recreational quota from 4.47 million lb (2.06 million kg) to 
2.45 million lb (1.11 million kg), reduce the recreational bag limit 
from four fish to two fish and the bag limit for captain and crew of 
for-hire vessels to zero, reduce the commercial minimum size limit from 
15 inches (38 cm) TL to 13 inches (33 cm) TL, require participants in 
all Gulf reef fish fishery sectors to use non-stainless steel circle 
hooks (when using natural baits) and to use venting tools and dehooking 
devices, and provide for seasonal area closures of the Gulf shrimp 
fishery to reduce red snapper bycatch consistent with Amendment 27/14's 
framework procedure. In addition, the proposed rule would assume a 10-
percent reduction in recreational red snapper effort and landings due 
to hurricane effects or in the alternative, not assume the 10-percent 
effort reduction, establish a target reduction goal for shrimp trawl 
bycatch mortality on red snapper, establish options for time-area 
closures for the shrimp fishery that would maintain the target 
reduction goal, and establish a framework whereby NMFS could adjust the 
target reduction goal and time-area closures. NMFS specifically 
requests comments on the assumed 10-percent reduction in effort and 
landings as recommended in Amendment 27/14, which would affect the 
designation of the length of the recreational fishing season 
established by this rule.
    The purpose of this proposed rule is to reduce red snapper catch, 
bycatch, and discard mortality in the directed commercial and 
recreational fisheries and the shrimp fishery in order to end 
overfishing for red snapper between 2009 and 2010 and rebuild the stock 
by 2032 in compliance with the red snapper rebuilding plan.
    No duplicative, overlapping or conflicting Federal rules have been 
identified.
    Management actions considered in this proposed rule are expected to 
affect all vessels that operate in the commercial red snapper fishery, 
all vessels that have a Federal reef fish for-hire permit, and all 
dealers and processors that handle product from these fisheries. 
Although this proposed rule contains actions that pertain to the 
commercial shrimp fishery, these actions are not expected to impose any 
direct adverse impacts on the fishery or associated entities.
    Prior to the January 2007 implementation of the red snapper 
individual fishing quota program (IFQ), 136 entities held Class 1 
licenses that allowed a commercial vessel trip limit of up to 2,000 lb 
(907 kg) of red snapper and 628 entities held Class 2 licenses that 
allowed a trip limit of up to 200 lb (91 kg) of red snapper. Between 
2002 and 2004, the top 50 red snapper vessels

[[Page 59993]]

in terms of landings harvested 2.77 million lb (1.26 million kg) of red 
snapper, on average, or 64 percent of the industry total. Vessels 
ranked 51 to 131 harvested 1.29 million lb (0.59 million kg), on 
average, or 30 percent of the industry total for the same period. Thus, 
the top 131 red snapper vessels accounted for approximately 94 percent 
of the total industry red snapper landings. Red snapper are mainly 
harvested by fishermen using vertical-line gear. These fishermen 
accounted for approximately 90 percent of commercial red snapper Gulf 
harvests, on average, between 2002 and 2004.
    Average annual gross receipts (2004 dollars) and net income (gross 
receipts minus all costs) per vessel vary by gear type, area fished, 
and volume of catch. High-volume vessels using vertical lines averaged 
gross receipts and net income of $110,070 and $28,466 in the northern 
Gulf, but only $67,979 and $23,822 in the eastern Gulf. Low-volume 
vessels using vertical lines averaged gross receipts and net income of 
$24,095 and $6,801 in the northern Gulf, but $24,588 and $4,479 
respectively in the eastern Gulf. Vessels using bottom longlines 
averaged gross receipts and net income of $116,989 and $25,452 for 
high-volume vessels, but only $87,635 and $14,978 respectively for low-
volume vessels.
    The current fleet permitted to operate in the Gulf reef fish for-
hire sector is estimated to be 1,625 vessels. The for-hire fleet is 
comprised of charterboats, which charge a fee on a vessel basis, and 
headboats, which charge a fee on an individual angler (head) basis. The 
average charterboat is estimated to generate $76,960 in annual revenues 
and $36,758 in annual profits, whereas the appropriate values for the 
average headboat are $404,172 and $338,209, respectively. On average, 
both charterboats and headboats operate at about 50 percent of their 
passenger capacity per trip.
    The measures in this action would also be expected to affect fish 
dealers, particularly those that receive red snapper from harvesting 
vessels. A Federal permit is required for a fish dealer to receive reef 
fish from commercial vessels, and there are 227 dealers currently 
permitted to buy and sell reef fish species. All reef fish processors 
would be included in this total because all processors must be dealers. 
Most of these dealers are located in Florida (146), with 29 in 
Louisiana, 18 in Texas, 14 in Alabama, 5 in Mississippi, and 15 in 
states outside the Gulf. In addition, vessels identify the dealers who 
receive their fish on logbook reports. Commercial reef fish vessels 
with Federal permits are required to sell their harvest only to 
permitted dealers. From 1997 through 2002, on average, 154 reef fish 
dealers actively bought and sold red snapper. These dealers were 
distributed around the Gulf as follows: 7 in Alabama, 96 in Florida, 22 
in Louisiana, 7 in Mississippi, and 22 in Texas. On average, Florida 
dealers purchased approximately $1.8 million of red snapper, followed 
by Louisiana ($1.4 million), Texas ($1.3 million), Mississippi 
($174,000), and Alabama ($88,000). These dealers may hold permits for 
multiple fisheries, but it is not possible to determine what percentage 
of their total business comes from the red snapper fishery.
    Although it is unknown how many eligible shrimp permit holders will 
apply for moratorium permits and, thus, would be potentially affected 
by this action, 2,666 vessels would qualify for the shrimp permit and 
are assumed to constitute the potentially affected universe of shrimp 
vessels. The average annual gross revenue (all harvest species) per 
qualifying vessel in 2005 was approximately $116,000, while the 
comparable figure for qualifying vessels active in the Gulf shrimp 
fishery, i.e., vessels with recorded shrimp landings in 2005, was 
approximately $152,000. In the same year, the maximum annual gross 
revenue from shrimp by a vessel was approximately $757,000 for both all 
qualifying and active qualifying vessels, whereas the figure for all 
harvest species was approximately $1.89 million by an inactive 
qualifier and $757,000 for an active qualifier.
    The most recent projection of performance in the commercial shrimp 
fishery indicated that the average vessel, across all vessel size 
categories, experienced a negative 33-percent rate of return and that 
economic losses would continue until 2012. Thus, almost any but the 
most minor additional financial burden would be expected to generate a 
significant adverse impact on affected vessels and potentially hasten 
additional exit from the fishery.
    In 2005, 609 dealers were identified operating in the commercial 
shrimp fishery. Employment information for this sector is not 
available. In 2005, 60 processors in the shrimp fishery were 
identified, employing approximately 3,400 persons, or an average of 56 
employees per entity. The maximum number of employees for a shrimp 
processor in 2005 was 353.
    The Small Business Administration (SBA) defines a small business in 
the commercial fishing industry as an entity that is independently 
owned and operated, is not dominant in its field of operation 
(including its affiliates), and has total annual average receipts not 
in excess of $4.0 million annually (NAICS codes 114111 and 114112, 
finfish and shellfish fishing). For for-hire vessels, these same 
criteria apply except that the annual receipts threshold is $6.5 
million (NAICS code 713990, recreational industries). For seafood 
processors and dealers, the SBA uses an employee threshold rather than 
a receipts threshold. The threshold is 500 or fewer persons on a full-
time, part-time, temporary, or other basis, at all its affiliated 
operations worldwide for a seafood processor and 100 or fewer persons 
for a seafood dealer.
    Some persons/entities are known to own multiple vessels (i.e. fleet 
operations) in the commercial red snapper fishery and in the commercial 
reef fish fisheries in general, but the extent of such operations is 
unknown. The maximum number of reef fish permits reported owned by the 
same person/entity is 6 permits. Additional permits and the revenues 
associated with those permits may be linked to an entity through 
affiliation rules, but such affiliation links cannot be made using 
existing data. Further, a definitive determination of whether any 
commercial entity would be considered a large entity cannot be made 
using average revenue information. However, since the average total 
revenue in the commercial red snapper fishery between 2002 and 2004 was 
$11.652 million, given the number of license holders in the fishery is 
764, the summary statistics and the maximum number of permits owned by 
a single person/entity provided above, NMFS determined that all 
commercial reef fish harvest entities that would be affected by this 
action are small entities.
    Fleet operations also exist in the for-hire sector, with at least 
one entity reported to hold 12 permits. The bulk of the fleet, however, 
consists of single permit operations. Thus, based on the average 
revenue figures above, all for-hire operations affected by this 
proposed rule are small entities.
    Average employment per reef fish dealer is unknown. Although 
dealers and processors are not synonymous entities, total employment 
for reef fish processors in the Southeast is approximately 700 
individuals, both part and full time. While all processors must be 
dealers, a dealer need not be a processor. Further, processing fish is 
a much more labor intensive than buying fish. Therefore, given the 
employment estimate for the processing sector and the number of dealers 
that participated in the fishery on average per year from

[[Page 59994]]

1997-2002 (154 dealers), NMFS assumed that the maximum number of 
employees for reef fish dealers and processors are unlikely to surpass 
the SBA employment benchmarks. Therefore, all reef fish dealers and 
processors affected by this proposed rule are small entities.
    While gross revenues vary between shrimp vessels of different 
physical size, these differences do not affect the assessment of 
maximum gross revenue per vessel and the subsequent determination of 
whether shrimp vessels constitute large or small entities. As with the 
other sectors, fleet operations are known to exist in the commercial 
shrimp fishery, but the magnitude of such cannot be determined using 
available data. Given these findings, and the maximum revenue per 
vessel figures noted above, NMFS determined that all shrimp vessels 
that could be affected by this proposed rule are small entities.
    Similar to the reef fish industry, processing shrimp is more labor 
intensive than buying shrimp. Thus, average employment in the shrimp 
dealer sector is assumed to be less than that in the processing sector. 
Because the maximum number of employees for a shrimp processor does not 
exceed the SBA threshold, all shrimp dealers and processors that could 
be affected by this proposed rule are small entities.
    The proposed red snapper recreational and commercial quota 
decreases are expected to reduce profits in the for-hire and commercial 
sectors. In the for-hire sector, declines in profits, approximated by 
net operating revenue (gross revenue minus operating costs except 
labor) decreases, are expected due to declines in individual angler 
trip bookings. Under the proposed 2.45 million lb (1.11 million kg) 
recreational quota and two-fish bag limit, the estimated annual net 
operating revenue losses to the for-hire sector are approximately $1.1 
million. It is not possible to accurately estimate the extent to which 
individual for-hire operations will be affected by the proposed quota 
reduction. However, a simple average suggests that, for the 1,625 
vessels active in the for-hire sector, the average annual net operating 
revenue loss would approximate $680 per vessel. This simple arithmetic 
mean does not provide information on losses that may be incurred by a 
specific for-hire operation. Depending on the geographic location of 
their operation, level of activity, reliance on red snapper trips, 
diversity of species available, and preferences of their core 
clientele, some vessels likely would be impacted more than others. 
Quantifying the number of vessels that might face greater economic 
losses is not possible with available data. However, in general, the 
average impact per vessel will vary inversely with the number of 
vessels included in this core group. For example, if expected economic 
impacts were borne by 10 to 25 percent of the fleet, average losses in 
net operating revenue per vessel would be expected to range from 
approximately $2,700 to $6,800.
    The assessment of impacts on for-hire profits was based on the 
recreational quota and not season length. Although industry comment 
indicated that a longer open season was preferable to a shorter season, 
regardless of total allowable catch, and would result in less economic 
losses, estimating the differential economic impacts of season length 
was not possible with available data, and the estimated reduction in 
for-hire profits as a result of the proposed recreational quota is 
neutral with respect to season length. If red snapper season length is 
a significant factor in for-hire profits, then the estimated $1.1 
million losses could understate by an indeterminate amount the impacts 
of the shorter season that would occur if a 10-percent reduction in 
recreational red snapper effort and landings due to hurricane effects 
is not assumed in the determination of season length.
    For the commercial red snapper sector, reductions in profits, as 
measured by changes in net operating revenue to owners, captains, and 
crew, are expected to result from revenue losses associated with lower 
snapper harvests. Net operating revenue losses due to the commercial 
quota reduction would be mitigated by the action to lower the 
commercial size limit. The impact analysis for the commercial red 
snapper sector assumed the fishery was operating under an individual 
fishing quota program (IFQ), which was implemented in January 2007. 
Under the IFQ, the number of vessels operating in the fishery is 
expected to decline substantially as quota shares are consolidated. 
However, since the IFQ program has only recently been implemented, 
substantive data on the expected contraction is not yet available to 
indicate the size and type of fleet that will ultimately occur. 
Therefore, analysis of the quota reduction impacts assumed the fleet 
would contract to homogenous fleets of a specific vessel size and 
accompanying operational characteristics, with the resultant fleet 
comprised of either more small vessels (35 ft (10.7 m)) or fewer large 
vessels (65 ft (19.8 m)).
    Under the status quo commercial quota of 4.65 million lb (2.14 
million kg), for the smallest (35 ft (10.7 m)) and largest (65 ft (19.8 
m)) vessel length class considered, the fleet would be composed of 
either ninety-five 35-ft (10.7-m) vessels or thirty-nine 65-ft (19.8-m) 
vessels. The average annual net operating revenue per vessel within 
each vessel size class was estimated at $274,000 and $667,000, 
respectively. Under the proposed 2.55 million lb (1.16 million kg) 
commercial quota, projected losses in net operating revenues to owners, 
captains, and crew in the commercial sector are estimated to be 
approximately $11.5 million. The fleet would be composed of either 
fifty-two 35-ft (10.7-m) or twenty-two 65-ft (19.8-m) vessels, 
representing a reduction of either forty-three 35-ft (10.7-m) vessels 
or seventeen 65-ft (19.8-m) vessels. For each of these potential 
fleets, the corresponding average net operating revenue for remaining 
vessels was estimated at $278,000 and $665,000, respectively. Average 
short-term net operating revenue losses per vessel are therefore 
estimated at $121,000 and $295,000 for the 35-ft (10.7-m) and 65-ft 
(19.8-m) vessel classes, respectively.
    The proposed commercial quota reduction is also expected to 
adversely impact dealers and processors involved in the red snapper 
trade. Although substantial decreases in revenues collected from 
domestic red snapper are anticipated, the lack of firm-level gross 
revenues and profit data precludes quantification of the expected 
losses. To mitigate the adverse economic impacts that would result from 
the proposed 45-percent decrease in the commercial quota, dealers and 
processors may increase their reliance on imported snapper and their 
use of other reef fish species as substitutes.
    Preventing captain and crew from retaining a red snapper bag limit 
while on charter is not expected to affect the profitability of for-
hire operations because the sale of recreational reef fish landings is 
already prohibited. The proposed requirement for all persons aboard 
reef fish vessels to use non-stainless steel circle hooks (when using 
natural baits), venting tools, and dehooking devices is expected to 
result in minimal impacts on the profitability of small entities 
because of the current widespread use of circle hooks, their 
competitive pricing, and the availability of dehooking devices and 
venting tools for less than $15 each.
    The management measures considered in this proposed rule do not 
affect the reporting or record-keeping requirements for reef fish and 
shrimp vessels, dealers, or processors. This proposed action does not 
require additional records or report preparation.

[[Page 59995]]

    Four alternatives, including the status quo, were considered for 
the action to set TAC and, thus, establish the recreational and 
commercial quotas in the red snapper fishery. Three of the alternatives 
include multiple options and sub-options to manage the recreational 
fishery under the respective TACs and quotas. The first alternative, 
the status quo, would not be consistent with assumptions related to 
expected reductions in directed and bycatch mortality rates and would 
not, as indicated by the March 12, 2007 Court Opinion (Coastal 
Conservation Association v. Gutierrez et al., Case No. H-05-1214, 
consolidated with Gulf Restoration Network et al., v. Gutierrez et al., 
Case No. H-05-2998), be associated with a sufficient probability of the 
red snapper rebuilding plan's success. If implemented, the status quo 
alternative would result in drastic TAC and quota reductions in 
subsequent years and, thus, greater adverse economic impacts during 
that time in order for the resource to continue on the designated 
recovery path.
    The second alternative to the proposed TAC action would have 
reduced the red snapper TAC to 7.0 million lb (3.175 million kg), with 
resultant commercial and recreational quotas of 3.57 and 3.43 million 
lb (1.62 and 1.44 million kg), respectively. This alternative has the 
potential of generating, depending upon the sub-option selected, lower 
short-term adverse economic impacts than the proposed action. However, 
a 7.0 million lb (3.175 million kg) TAC is neither consistent with the 
current mortality reduction assumptions nor is it in accordance with 
the findings of the recent Court Opinion. Like the status quo, this 
alternative would require greater TAC reductions in subsequent years, 
thereby generating greater adverse economic impacts over that time than 
the proposed rule.
    The third alternative to the proposed TAC action would have reduced 
the red snapper TAC to 3.0 million lb (1.36 million kg), with resultant 
commercial and recreational quotas of 1.53 and 1.47 million lb (0.69 
and 0.67 million kg), respectively. This alternative would have reduced 
the TAC and quotas more than necessary to end overfishing within the 
specified time period and would be expected to result in an overly 
restrictive management approach with unnecessary and greater adverse 
economic impacts than the proposed rule.
    Three alternatives, including the proposed status quo action and 
the alternative proposed 10-percent reduction, were considered for the 
action addressing post-hurricane effort and landings reduction. 
Although some post-hurricane reduction in effort and landings is 
demonstrated by available data, the reductions are not consistent 
across the entire fishery and are not expected to persist as the 
industry recovers. The proposed action could potentially result in a 
shorter season than necessary to end overfishing, thereby increasing 
short-term adverse economic impacts. The alternative proposed action, a 
10-percent reduction in post-hurricane effort in the red snapper 
fishery, would extend the fishing season and yield greater short-term 
economic benefits than the proposed action. However, this reduction may 
not be supported by available data and may therefore result in a 
failure to meet conservation goals, resulting in long-term negative 
economic impacts relative to the proposed action. The alternative to 
the proposed actions would assume a 25-percent reduction in post-
hurricane effort and landings. This alternative, which would result in 
a longer season than the proposed action, would result in greater 
short-term economic benefits than the proposed action. However, a 25-
percent reduction is not supported by available data, is believed to be 
an excessive assumption, and would be expected to result in a failure 
to meet conservation goals, resulting in substantial long-term negative 
economic impacts relative to the proposed action.
    Two alternatives, including the status quo, were considered for the 
captain and crew bag limit action. Analyses indicate that under the 
proposed action to reduce the captain and crew bag limit to zero, the 
recreational red snapper fishing season could remain open 4-16 days 
longer relative to the status quo. The status quo alternative would 
require more restrictive measures on recreational anglers (i.e., 
shorter open season, lower bag limit) to achieve rebuilding goals, 
because the fish retained by the captain and crew would represent an 
additional source of mortality that would have to be factored into 
harvest controls. These more restrictive measures would be expected to 
result in greater reductions in trip demand than the proposed angler 
restrictions, resulting in increased reductions in for-hire profits and 
angler value than the proposed action.
    Three alternatives, including the status quo, were considered for 
the commercial red snapper minimum size limit. The first alternative to 
the proposed action, the status quo, would be expected to result in 
continued unnecessary bycatch mortality and would not, therefore, meet 
the Council's objectives. The proposed 13-inch (33-cm) minimum size 
limit in the commercial sector would be expected to result in decreased 
economic impacts to the fishery and associated industries due to 
anticipated increases in the operational efficiency of commercial 
vessels and a potential price premium for smaller fish. The third 
alternative would eliminate the commercial minimum size limit. 
Eliminating the commercial size limit would exacerbate user conflicts 
between the commercial and recreational sectors since the recreational 
sector would have a 16-inch (41-cm) minimum size limit, while the 
commercial sector would not have any minimum size limit. Further, since 
no commercial market is known to exist for red snapper smaller than 12 
inches (30 cm), no additional benefits would be expected to accrue to 
the commercial sector, and total economic impacts to the commercial 
sector would be expected to be comparable to those of the proposed 
action.
    Three alternatives, including the status quo, were considered for 
the gear requirement action. The two alternatives encompassing gear 
requirements contained options that specified the fisheries over which 
the requirements would apply. The proposed action would require the use 
of non-stainless steel circle hooks when using natural baits, and 
require the use of venting tools and dehooking devices from all 
participants in the reef fish fisheries of the Gulf of Mexico. By 
reducing bycatch and bycatch mortality in the red snapper and reef fish 
fisheries, the proposed action would contribute to improving the 
likelihood of success of the red snapper rebuilding plan and is 
expected to result in long-term net economic benefits. The sub-options 
that reduced the fisheries to which the proposed gear requirements 
would apply would be expected to result in less reduction in bycatch 
mortality and long-term economic benefits than the proposed rule. 
However, in general, however, little economic impact is anticipated 
because of the already widespread use of circle hooks and the fact that 
venting/dehooking devices are relatively inexpensive (less than $15 
each).
    The first alternative to the proposed gear action would not impose 
any new gear requirements on fishermen and would not, in the short 
term, result in any direct adverse economic impacts. However, this 
alternative would not contribute to improving the likelihood of success 
of the red snapper rebuilding plan. Relative to the proposed action, 
this alternative could result in more severe restrictions on fishery

[[Page 59996]]

participants in the long run and, thus, generate greater adverse 
economic impacts.
    The second alternative and associated fishery sub-options to the 
proposed gear action would specify only a minimum hook size. Compared 
to the proposed action, this alternative would be less effective in 
reducing bycatch and bycatch mortality. As a result, in the long run, 
it would be expected to result in smaller economic benefits than the 
proposed action.
    Six alternatives, including the status quo, were considered for the 
bycatch reduction target in the commercial shrimp fishery. The status 
quo would not have established a bycatch reduction target, would not 
ensure consistent reductions in bycatch fishing mortality on juvenile 
red snapper in the shrimp fishery, and would not be consistent with the 
2005 SEDAR assessment recommendations to further reduce bycatch fishing 
mortality rates on the red snapper stock. The proposed action, which 
would establish a target reduction of shrimp trawl bycatch mortality on 
red snapper 74 percent less than the benchmark years of 2001-2003, is 
consistent with the proposed quotas and an increased probability of the 
red snapper rebuilding plan's success. The proposed action, which also 
specifically outlines the future progression of the bycatch mortality 
reduction target if overfishing is successfully ended by 2010 based 
upon review of status reports and other relevant information, would be 
an administrative action with no expected direct adverse economic 
effects.
    The second and third alternatives to the proposed bycatch reduction 
target would establish lower reduction targets than the proposed 
action. Like the proposed action, these alternatives are not expected 
to result in direct adverse economic impacts. However, the lower 
targets do not contribute sufficiently to increasing the likelihood of 
the red snapper rebuilding plan's success and could be expected to 
require further effort reductions, resulting in more severe management 
measures in the long run. The fourth alternative to the proposed action 
would, as the proposed action, establish a 74-percent reduction in 
shrimp trawl bycatch mortality on red snapper, but would not specify 
changes to the target or the method by which the target might be 
adjusted in the future. Similarly, the fifth alternative to the 
proposed action would establish a 74-percent reduction in shrimp trawl 
bycatch mortality on red snapper, but would also explicitly link future 
adjustments to the bycatch reduction target to red snapper stock 
assessment updates.
    Four alternatives, including the status quo, were considered for 
the action to potentially establish fishing restrictions for the EEZ 
shrimp fishery in the Gulf of Mexico. The first alternative to the 
proposed action, the status quo, would not establish potential fishing 
restrictions for the Gulf shrimp fishery. The status quo would not 
result in direct or indirect adverse economic impacts because potential 
restrictions would not be established for the shrimp fishery. However, 
if status quo effort reductions in the fishery are not sufficient to 
achieve target goals, this alternative may result in more severe future 
restrictions and potentially greater adverse economic impacts than the 
enactment of potential effort restrictions at this time.
    The proposed action would, if necessary, establish a seasonal 
closure beginning on the same start date as the closure of the EEZ off 
Texas in the 10-to 30-fathom (18- to 55-m) zone of selected areas 
within statistical zones 10-21 in the Gulf of Mexico. This measure, 
which would ensure that target reductions in shrimp trawl bycatch 
mortality are met, is consistent with the proposed quotas, and would 
contribute to increasing the likelihood of the red snapper rebuilding 
plan's success. The proposed action is administrative in nature and 
thus would not be expected to result in any direct economic effects. 
Direct economic impacts would only accrue if, in the future, it is 
determined that the proposed bycatch reduction target has not been met 
and thus a seasonal closure is necessary. The direct economic effects 
of the closure would be analyzed at that time, as appropriate.
    The second and third alternatives to the proposed action would also 
establish seasonal closures, as necessary, in the 10 to 30-fathom (18- 
to 55-m) zone of selected areas within statistical zones 10-21 in the 
Gulf of Mexico but would consider alternative time frames for the 
closures. As with the proposed action, these alternatives are 
administrative in nature and thus would not be expected to result in 
any direct economic effects. Direct economic impacts would only accrue 
if, in the future, it is determined that the proposed bycatch reduction 
target has not been met and thus a seasonal closure is necessary. 
However, compared to the long-term benefits expected to accrue to the 
red snapper fishery from the proposed action, smaller long-term 
economic benefits to the red snapper fishery are expected to result 
from these alternatives. Greater positive impacts associated with the 
proposed action are attributable to the specified starting date of a 
potential closure, which would coincide with the movement of age 1 
snapper from shrimp grounds to larger structures.
    Two alternatives, including the status quo, were considered for the 
action to establish a framework procedure to adjust effort in the 
commercial shrimp fishery. The second alternative would establish a 
framework procedure. The proposed action, which would allow the 
Regional Administrator to implement closures based upon annual shrimp 
effort assessments conducted by the Southeast Fisheries Science Center, 
is expected to be the quickest and most efficient approach to 
establishing recommended closures. Two other options were considered 
under the second alternative. These options would establish less 
expedient means of implementing recommended closures. Direct adverse 
economic impacts would not be expected to result from the alternatives 
included in this action because the establishment of a framework 
procedure to adjust effort in the commercial shrimp fishery is an 
administrative action.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping 
requirements, Virgin Islands.

    Dated: October 19, 2007.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 622 is 
proposed to be amended as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC

    1. The authority citation for part 622 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.

    2. In Sec.  622.2, the definitions for ``circle hook,'' ``dehooking 
device,'' and ``venting device'' are added in alphabetical order to 
read as follows:


Sec.  622.2  Definitions and acronyms.

* * * * *
    Circle hook means a fishing hook designed and manufactured so that 
the point is turned perpendicularly back to the shank to form a 
generally circular, or oval, shape.
* * * * *
    Dehooking device means a device intended to remove a hook embedded 
in

[[Page 59997]]

a fish to release the fish with minimum damage.
* * * * *
    Venting device means a device intended to deflate the swim bladder 
of a fish to release the fish with minimum damage.
* * * * *
    3. In Sec.  622.31, paragraph (o) is added to read as follows:


Sec.  622.31  Prohibited gear and methods.

* * * * *
    (o) Stainless steel hooks in the Gulf EEZ. Stainless steel hooks 
may not be used to fish for Gulf reef fish when using natural bait in 
the Gulf EEZ.
    4. In Sec.  622.34, paragraph (l) is added and the first sentence 
of paragraph (m) and is revised to read as follows:


Sec.  622.34  Gulf EEZ seasonal and/or area closures.

* * * * *
    (l) Closures of the Gulf shrimp fishery to reduce red snapper 
bycatch. During a closure implemented in accordance with this paragraph 
(l), trawling is prohibited within the specified closed area(s).
    (1) Procedure for determining need for and extent of closures. Each 
year, in accordance with the applicable framework procedure established 
in the FMP for the Shrimp Fishery in the Gulf of Mexico (FMP), the RA 
will, if necessary, establish a seasonal area closure for the shrimp 
fishery in all or a portion of the areas of the Gulf EEZ specified in 
paragraphs (l)(2) through (l)(4) of this section. The RA's 
determination of the need for such closure and its geographical scope 
and duration will be based on an annual assessment, by the Southeast 
Fisheries Science Center, of the shrimp effort and associated shrimp 
trawl bycatch mortality on red snapper in the 10-30 fathom area of 
statistical zones 10-21, compared to the 74-percent target reduction of 
shrimp trawl bycatch mortality on red snapper from the benchmark years 
of 2001-2003 established in the FMP. The framework procedure provides 
for adjustment of this target reduction level, consistent with the red 
snapper stock rebuilding plan and the findings of subsequent stock 
assessments, via appropriate rulemaking. The assessment will be based 
on shrimp effort data for the most recent 12-month period available and 
will include a recommendation regarding the geographical scope and 
duration of the closure. The Southeast Fisheries Science Center's 
assessment will be provided to the RA on or about March 1 of each year. 
If the RA determines that a closure is necessary, the closure falls 
within the scope of the potential closures evaluated in the FMP, and 
good cause exists to waive notice and comment, NMFS will implement the 
closure by publication of a final rule in the Federal Register. If such 
good cause waiver is not justified, NMFS will implement the closure via 
appropriate notice and comment rulemaking. NMFS intends that any 
closure implemented consistent with this paragraph (l) will begin on 
the same date and time as the Texas closure.
    (2) Eastern zone. The eastern zone is bounded by rhumb lines 
connecting, in order, the following points:

------------------------------------------------------------------------
              Point                    North lat.          West long.
------------------------------------------------------------------------
A...............................  29[deg]14'.........  88[deg]57'
B...............................  29[deg]24'.........  88[deg]34'
C...............................  29[deg]34'.........  87[deg]38'
D...............................  30[deg]04'.........  87[deg]00'
E...............................  30[deg]04'.........  88[deg]41'
F...............................  29[deg]36'.........  88[deg]37'
G...............................  29[deg]21'.........  88[deg]59'
A...............................  29[deg]14'.........  88[deg]57'
------------------------------------------------------------------------

    (3) Louisiana zone. The Louisiana zone is bounded by rhumb lines 
connecting, in order, the following points:

------------------------------------------------------------------------
              Point                    North lat.          West long.
------------------------------------------------------------------------
A...............................  29[deg]09.1'.......  93[deg]41.4'
B...............................  29[deg]09.25'......  92[deg]36'
C...............................  28[deg]35'.........  90[deg]44'
D...............................  29[deg]09'.........  89[deg]48'
E...............................  28[deg]57'.........  89[deg]34'
F...............................  28[deg]40'.........  90[deg]09'
G...............................  28[deg]18'.........  90[deg]33'
H...............................  28[deg]25'.........  91[deg]37'
I...............................  28[deg]21.7'.......  93[deg]28.4'
A...............................  29[deg]09.1'.......  93[deg]41.4'
------------------------------------------------------------------------

    (4) Texas zone. The Texas zone is bounded by rhumb lines 
connecting, in order, the following points:

------------------------------------------------------------------------
              Point                    North lat.          West long.
------------------------------------------------------------------------
A...............................  29[deg]09.1'.......  93[deg]41.4'
B...............................  28[deg]44'.........  95[deg]15'
C...............................  28[deg]11'.........  96[deg]17'
D...............................  27[deg]44'.........  96[deg]53'
E...............................  27[deg]02'.........  97[deg]11'
F...............................  26[deg]00.5'.......  96[deg]57.3'
G...............................  26[deg]00.5'.......  96[deg]35.85'
H...............................  26[deg]24'.........  96[deg]36'
I...............................  26[deg]49'.........  96[deg]52'
J...............................  27[deg]12'.........  96[deg]51'
K...............................  27[deg]39'.........  96[deg]33'
L...............................  27[deg]55'.........  96[deg]04'
M...............................  28[deg]21.7'.......  93[deg]28.4'
A...............................  29[deg]09.1'.......  93[deg]41.4'
------------------------------------------------------------------------

    (m) * * * The recreational fishery for red snapper in or from the 
Gulf EEZ is closed from January 1 through May 31 and from October 1 
through December 31, each year. * * *
* * * * *
    5. In Sec.  622.37, paragraph (d)(1)(iv) is revised to read as 
follows:


Sec.  622.37  Size limits.

* * * * *
    (d) * * *
    (1) * * *
    (iv) Red snapper--16 inches (40.6 cm), TL, for a fish taken by a 
person subject to the bag limit specified in Sec.  622.39 (b)(1)(iii) 
and 13 inches (38.1 cm), TL, for a fish taken by a person not subject 
to the bag limit.
* * * * *
    6. In Sec.  622.39, paragraph (b)(1)(iii) is revised to read as 
follows:


Sec.  622.39  Bag and possession limits.

* * * * *
    (b) * * *
    (1) * * *
    (iii) Red snapper--2. However, no red snapper may be retained by 
the captain or crew of a vessel operating as a charter vessel or 
headboat. The bag limit for such captain and crew is zero.
* * * * *
    7. In Sec.  622.41, paragraph (m) is added to read as follows:


Sec.  622.41  Species specific limitations.

* * * * *
    (m) Required gear in the Gulf reef fish fishery. For a person on 
board a vessel to fish for Gulf reef fish in the Gulf EEZ, the vessel 
must possess on board and such person must use the gear as specified in 
paragraphs (m)(1) through (m)(3) of this section.
    (1) Non-stainless steel circle hooks. Non-stainless steel circle 
hooks are required when fishing with natural baits.
    (2) Dehooking device. At least one dehooking device is required and 
must be used to remove hooks embedded in Gulf reef fish with minimum 
damage. The hook removal device must be constructed to allow the hook 
to be secured and the barb shielded without re-engaging during the 
removal process. The dehooking end must be blunt, and all edges 
rounded. The device must be of a size appropriate to secure the range 
of hook sizes and styles used in the Gulf reef fish fishery.
    (3) Venting tool. At least one venting tool is required and must be 
used to deflate the swimbladders of Gulf reef fish to release the fish 
with minimum damage. This tool must be a sharpened, hollow instrument, 
such as a hypodermic syringe with the plunger removed, or a 16-gauge 
needle fixed to a hollow wooden dowel. A tool such as a knife or an 
ice-pick may not be used. The venting tool must be inserted into the 
fish at a 45-degree angle approximately 1 to 2 inches (2.54 to

[[Page 59998]]

5.08 cm) from the base of the pectoral fin. The tool must be inserted 
just deep enough to release the gases, so that the fish may be released 
with minimum damage.
    8. In Sec.  622.42, paragraphs (a)(1)(i) and (a)(2) are revised to 
read as follows:


Sec.  622.42  Quotas.

* * * * *
    (a) * * *
    (1) * * *
    (i) Red snapper--2.55 million lb (1.16 million kg), round weight.
* * * * *
    (2) Recreational quota for red snapper. The following quota applies 
to persons who harvest red snapper other than under commercial vessel 
permits for Gulf reef fish and the commercial quota specified in 
paragraph (a)(1)(i) of this section--2.45 million lb (1.11 million kg), 
round weight.
* * * * *
    9. In Sec.  622.48, paragraph (i) is revised to read as follows:


Sec.  622.48  Adjustment of management measures.

* * * * *
    (i) Gulf shrimp. Closed seasons and areas, target effort and 
fishing mortality reduction levels, bycatch reduction criteria, BRD 
certification and decertification criteria, BRD testing protocol, 
certified BRDs, and BRD specification.
* * * * *
[FR Doc. 07-5245 Filed 10-19-07; 12:54 pm]
BILLING CODE 3510-22-P